A federal judge has invalidated the patents obtained for two key genes involved in breast and ovarian cancer, striking at the intellectual property foundation beneath the multibillion-dollar industry built up around genetic research.
Judge Robert Sweet concluded that the patents on the BRCA1 and BRCA2 genes--held by Myriad Genetics and the University of Utah Research Foundation--were not valid, saying that the gene patents simply circumvented a prohibition against patenting human DNA. About one in five of all human genes have now been patented as scientists and companies rushed to stake their claims. In medical research, rock solid control of intellectual property is absolutely essential. Without that control, it can be extraordinarily difficult to obtain funds or pursue commercialization work.
"The genetic tools to solve the major health problems of our time have not been found yet," Edward Reines, an attorney representing biotech companies, told the New York Times. "These are the discoveries we want to motivate by providing incentives to all the researchers out there."
Myriad has a lot riding on the outcome as well. The company markets a $3,000 test used to discover mutations in the genes that were the subject of the patent trial. That high cost has angered consumer advocates, who say that Myriad's patents provide it with an unfair monopoly that allows it to keep costs high.
- here's the article from the New York Times